ENTERPRISE TAB WATCH

Results

August 14, 2013

 

The ATTACHMENT A items will be heard on the following dates:

 

Planning Commission 7:00 P.M., Tuesday, September 3, 2013.

Board of County Commissioners 9:00 A.M., Wednesday, September 4, 2013.

 

HOLDOVER/RETURNED APPLICATIONS will be heard on the date in the applications header.

 

The PC decisions/recommendations may be appealed to the BCC within five business days of the date of the PC hearing.  Appeal form is found at:

 

 Clark County Appeal Form

 

An appeal may be made in person at the Current Planning desk or by fax (702-455-3271).  Call Current Planning (455-4314) to find out how to file an appeal.  Help in filling an appeal may be obtained from the Southwest Action Network (SWAN).  You can contact SWAN at:

 

702-837-0244 · 702-837-0255 (fax)
email:   swan@lvswan.org

 

Note: If you ctrl+click on the blue underlined text it will take you to the detailed documents to explain the agenda item.

 

REGULAR BUSINESS

 

1.  Approve the Minutes for the meeting held on July 31, 2013.  APPROVED

 

2.  Approve the Agenda with any corrections, deletions or changes.  APPROVED

 

PUBLIC COMMENTS:  NONE

 

ANNOUNCEMENTS:

 

ADDITIONAL BUSINESS

Enterprise Land Use Plan Update from Comprehensive Planning (for possible action).

 

Tentative Schedule:    Initial Open House:      late September to October

                                                Draft:                           March-April 2014

                                                Before the BCC:         June 2014

Significant changes under consideration.

o        Fewer land use categories based on intensity rather than use

o        New Land use categories could contain a mix of commercial and residential

o        RNPs will remain a separate category

o        New land use categories are still under discussion.

o        Greater use flexibility within land use categories

o        Zoning process would determine project fit into an area.

o        Some zone districts could be eliminated

o        Enterprise to be the lead township for implementation.

 

The TAB has questions about the timing of this change.

·         Once the land use process reaches the first open house, the plan structure should not be changed.

·         The TAB is will to work with the staff on this change.

 

     The staff will meet with the TAB on a regular basis may include workshop for land use.

 

ZONING AGENDA:

 

08/06/13 PC

 

H-1.  NZC-0138-13 – DALEY FAMILY TRUST, ET AL: 

         Held by the applicant until August 28, 2013

 

AMENDED HOLDOVER ZONE CHANGE to reclassify 20.0 acres from R-E (Rural Estates Residential) Zone to R-2 (Medium Density Residential) Zone for a single family residential development.

 

WAIVERS OF DEVELOPMENT STANDARDS for the following:

 

1) Allow modifications to standard drawings for public street sections;

2) Reduce street intersection off-sets; and

3) Allow modified elevations (no longer required). 

 

Generally located on the north side of Frias Avenue, 1,200 feet east of Decatur Boulevard within Enterprise (description on file).  SB/pb/ml  (For possible action)

 

H-2.  VS-0139-13 – DALEY FAMILY TRUST, ET AL:

         Held by the applicant until August 28, 2013

 

HOLDOVER VACATE AND ABANDON easements of interest to Clark County located between Jo Rae Avenue and Frias Avenue, and between Decatur Boulevard and Arville Street in an R-E (Rural Estates Residential) Zone within Enterprise (description on file).  SB/pb/ed  (For possible action)

 

09/03/13 PC

 

1.      VC-0420-13 – MENGELKAMP, ROBERT A. & ALEXANDRA A.:

APPROVE per staff “If Approved” conditions and,

Applicant must comply with Title 30, R-2 standards.

 

VARIANCE to reduce the rear setback for a patio cover in conjunction with a single family residence on 0.1 acres in an R-2 (Medium Density Residential) Zone in the Pinnacle Peaks Concept Plan Area.  Generally located on the north side of Parrot Ridge Court, 450 feet east of Torrey Pines Drive within Enterprise.  SB/gc/ml  (For possible action)

 

This variance was reviewed by the staff using Title 29 standards which they are required to do.  In early February 2014, Title 29 will no longer apply to Pinnacle Peaks Concept Plan area and be replaced by Title 30 (the current standard).  This variance would not be required under Title 30.  The homeowners request meets the Title 30 standards for the R-2 zone district.

 

2.      WS-0417-13 – BALLARD LIVING TRUST:

APPROVE per staff “If Approved” conditions

 

WAIVER OF DEVELOPMENT STANDARDS to reduce the rear setback for a proposed single family residence on 0.5 acres in an R-E (Rural Estates Residential) (RNP-I) Zone.  Generally located on the south side of Saint Elmo Circle, 180 feet south of Wigwam Avenue, and 150 west of La Cienega Street within Enterprise.  SS/mk/ml  (For possible action)

 

The applicant submitted letters from the HOA and neighboring property owner, stating they have no objection to the Waiver of Development Standards.  This project can be built with a detached garage where the required setback would be 5 ft.  The TAB opinion is the attached garage with an 11 ft. setback is a better option.

 

3.      WS-0452-13 – HARMONY MESA VERDE I, LLC:

APPROVE Waiver of Development Standards for lot #26

DENY Waiver of Development Standards for lot #39

Per staff comments.

 

WAIVER OF DEVELOPMENT STANDARDS for modified street improvements in accordance with Clark County’s Uniform Standard Drawings to allow for reduction in off-set to residential driveway geometrics in conjunction with a proposed single family residential development on 5.0 acres in an R-2 (Medium Density Residential) Zone.  Generally located on the west side of Decatur Boulevard and the north side of Mesa Verde Lane within Enterprise.  SS/dg/ml  (For possible action)

 

The TAB agrees with the Public Works analysis and recommendations.

 

This request is to reduce the offset, on lots 26 and 39, from proposed driveways to back of curb radius to a minimum of 3.3 feet where Clark County Standards Drawings require 12 feet of off-set.  Lot 26 is located on a private street and should not pose a significant safety hazard backing into the street.  Lot 39 is located on the corner of Decatur and Mesa Verde Lane.  Decatur is a heavily traveled arterial significantly increasing the collision potential while backing out of the proposed driveway.

 

09/04/13 BCC

 

4.      VS-0433-13 – PARDEE HOMES OF NEVADA, INC:

            APPROVED per staff conditions

VACATE AND ABANDON easements of interest to Clark County located between Park Street and Grand Canyon Drive (alignment), and between Raven Avenue (alignment) and Blue Diamond Road in an R-D (Suburban Estates Residential) Zone within Enterprise (description on file).  SB/al/ed  (For possible action)

 

The TAB missed the opportunity to consistently recommend the dedication of Agate.  The TAB recommended the Agate dedication on a previous application on the project.  Due to the difference in conforming and non-conforming zone change process, this project has been piecemealed through the process.  This make it difficult to make consistent recommendations as each piece of land is added to the project. 

 

The BCC hearing is the first time the entire project will be examined.  The TAB has not been afforded the opportunity to consider the staff analysis and make recommendations on the entire project. This not a good way to do business.

 

5.      VS-0451-13 - HARMONY MESA VERDE I, LLC, ET AL:

APPROVED per staff conditions

 

VACATE AND ABANDON easements of interest to Clark County located between Edmond Street (alignment) and Hauck Street and between Robindale Road and Moberly Avenue, and portions of rights-of-way being Edmond Street located between Robindale Road and Moberly Avenue (alignment), and Robindale Road located between Edmond Street (alignment) and Hauck Street in an R-2 (Medium Density Residential) Zone within Enterprise (description on file).  SS/dg/ed  (For possible action)

 

TAB had questions on the vacation of Edmond Street.  Is Edmond needed for traffic flow in the area?  The County did not dedicate the western half of Edmond when the detention basin was constructed.  This factor was the key in the TAB, recommendation to approve this application.

 

6.      ZC-0422-13 – DONAL SERIES 3, LLC, ET AL:

APPROVE Zone Change to R-D and,

ADD conditions:

·         Comply with Mountains Edge architectural, lighting, and landscape standards

·         Coordinate with the Clark County parks and recreation department for access points to the regional park.

 

ZONE CHANGE to reclassify 9.8 acres from R-E (Rural Estates Residential) Zone to R-2 (Medium Density Residential) Zone for a future single family residential development.  Generally located on the north side of Cactus Avenue, 1,400 feet east of Durango Drive within Enterprise (description on file).  sb/pb/ml  (For possible action)

 

This application is for a zone change without plans.

 

The TAB considered the following in recommendation R-D zone district and conditions:

 

·The TAB and BCC has more information to consider when plans accompany the zone change

·The applicant did not meet the developer obligation to show, through sound land use planning practices and exceptional site and building design, that approval of a density or intensity up to the maximum is warranted.

·The lack of plans does not allow the TAB, PC or BCC to evaluate how the zone change affects the surrounding area.

·The property is surrounded by a regional park and should have pedestrian access to the park

·It is an out parcel in Mountains Edge area.

·The development when accomplished should be consistent with Mountain Edge standards.

 

The developer was asking for the maximum density allowed in the land use plan.  They did not have any material to support the request.  The TAB opinion is R-D is an appropriate conforming zone district when no plans are presented.  There was a previous project proposed on this property.  The two conditions recommended were discussed at a neighborhood meeting for that project.  The TAB finds both discussed conditions appropriate for this property.

 

7.      ZC-0432-13 – PARDEE HOMES NEVADA:

NO RECOMMENDATION

Motion to approve the application per staff if approved conditions resulted in a 2-2 split vote (Kapriva, Sweetin aye; Chestnut, Wilson nay).

Motion to approve zone change, deny waiver of development standards 1a, and approve waivers of development standards 1b, 2, and 3 per staff if approved conditions was withdrawn prior to a vote.

 

ZONE CHANGE to reclassify 5.0 acres from H-2 (General Highway Frontage) Zone, R-E (Rural Estates Residential) Zone, and R-D (Suburban Estates Residential) Zone to R-D (Suburban Estates Residential) Zone for a single family residential development.

 

WAIVERS OF DEVELOPMENT STANDARDS for the following:

 

1) Reduced setbacks;

2) Increased block wall height; and

3) Modified street standards in accordance with Clark County Uniform Standard Drawings. 

 

Generally located on the southeast corner of Grand Canyon Drive and Raven Avenue (alignment) within Enterprise (description on file).  SB/al/ml  (For possible action)

 

The TAB was in agreement on the zone change to R-D and Waivers of Development Standards #2 and #3. 

 

The disagreement leading to the no recommendation is on Waiver of Development standards #1.  The positions were:

 

For

·   5 ft. setback has been used in other R-2 developments

·   Desire not to force the builder into two story home when all single story homes are planned.

·   Wants the project to move forward

·   The development has all 10,000 ft. lots

 

         Against

·   The entire project requires setback waivers on all lots with the three models proposed.

·   The developer did not design the lots to fit the intended product and meet the code requirements.

·   The developer has requested lower standards to increase the number of lots.

·   Agreed with the staff position that this is a self-imposed hardship

·   Developer did not meet the criteria for Waiver of Development Standards

·   R-D developments are planned for bigger lots with greater setback than R-2 projects to produce a more open look.

·   Reduced setback in a rural development is a bad precedent to set.

 

Two TAB members felt that it is poor design practice to create a project that requires waivers on every lot when there are no physical constraints.  The rural neighborhoods are intended to be more open (greater setbacks) than the suburban sub-division.  The request waivers do not accomplish this.  Other developers are complying with the standards.  In the past, the TAB has not recommended approval where waivers were applied to all the lots. 

 

Due to the difference in conforming and non-conforming zone change process, this project has been piecemealed through the approval process.  The BCC hearing is the first time the entire project will be heard.  The public and TAB are denied the opportunity to evaluated the entire project as it move through the approval process.  This not a good way to do business.  The project should be sent back to the TAB when all the elements are in place and prior to the BCC.

 

The TAB missed the opportunity to consistently recommend the dedication of Agate.  The TAB recommended the dedication of agate was a condition on a previous allocation on the project.

 

8.      ZC-0442-13 – LEWIS, THANH THI:

APPROVED per staff conditions and,

ADD Current Planning condition:

·         Comply with architectural color palette for Mountains Edge;

·         Snicker Street on the diagram presented, an emergency access be provided between the north and south sections.

 

ZONE CHANGE to reclassify 5.0 acres from R-E (Rural Estates Residential) Zone to R-2 (Medium Density Residential) Zone for a single family residential development.

 

WAIVERS OF DEVELOPMENT STANDARDS for modified street improvements in accordance with Clark County’s Uniform Standard Drawings.  Generally located on the south side of Cactus Avenue, 700 feet east of Buffalo Drive (alignment) within Enterprise (description on file).  SB/dg/ml  (For possible action)

 

This is a well designed R-2 project where the lots are over 4,000 sq. ft.  It includes additional parking and some open space.  It is a good in fill.

 

The TAB made two recommendations.  First is to use the Mountains Edge color palette to help the project blend in with surround neighborhood.  Second, create a second emergency access point on Snicker Street.  Snicker Street is shown as a 29 ft. wide.  There is a chance that the no parking signs on Snicker Street will be ignored and access restricted/blocked.  The TAB is concerned with emergency vehicles having access from only one direction that could be blocked.  If the Snicker Street north and south halves are connected it would have to wider to meet county street standards significantly changing the project.  An emergency access point would allow the developer to keep the current street width and provide additional emergency vehicle access. 

 

9.      ZC-0450-13 – HARMONY MESA VERDE I, LLC, ET AL:

APPROVED per staff conditions

 

ZONE CHANGE to reclassify 2.5 acres from R-E (Rural Estates Residential) Zone to R-2 (Medium Density Residential) Zone.

 

DESIGN REVIEW for a single family residential development on 5.0 acres in an R-2 (Medium Density Residential) Zone.  Generally located on the southwest corner of Robindale Road and Hauck Street within Enterprise (description on file).  SS/mb/dg/ml  (For possible action)

 

10.    ZC-0454-13 – LAS VEGAS COML INVEST, LLC:

APPROVE REDUCED Zone Change to R-D: per staff conditions,

ADD condition:

·      Comply with Mountains Edge lighting, landscape and architectural standards

 

ZONE CHANGE to reclassify 2.5 acres from R-E (Rural Estates Residential) Zone to R-2 (Medium Density Residential) Zone for a future single family development.  Generally located on the west side of Fort Apache Road, 350 feet south of Le Baron Avenue (alignment) within Enterprise (description on file).  SB/mk/ml  (For possible action)

 

The TAB considered the following in recommendation R-D zone district and conditions:

 

·The TAB and BCC has more information to consider when plans accompany the zone change

·The applicant did not meet the developer obligation to show, through sound land use planning practices and exceptional site and building design, that approval of a density or intensity up to the maximum is warranted.

·The lack of plans does not allow the TAB, PC or BCC to evaluate how the zone change affects the surrounding neighborhood.

·The property is in the Hillside buffer area

·The Residential Suburban designation during the last major land use update did not consider the Hillside requirements.

·This property should be part of the hillside transition to lower density.

·The development is abutting Mountains Edge and should blend with their development standards.

 

The developer was asking for the maximum density allowed in the land use plan.  They did not have any material to support the request.  The applicant had a simple plot plan that was not submitted with the application.  The TAB opinion is R-D is an appropriate conforming zone district when no plans are presented.  In addition, the property is located 122 ft. from the Hillside Ordinance area.  This property should be part of the transition to the 2 units per acre required in the Hillside area.  R-D density is appropriate for this property.

 

This property abuts Mountains Edge and should blend with the neighborhood to the east.  The TAB added the condition for any project to meet Mountains Edge standards.

 

During the last Major Land Use Update this area was planned for Residential Suburban because the Hillside area data was not provided.  This area needs to be planned for densities that are appropriate for transition to and in the Hillside area.

 

ADDITIONAL BUSINESS

 

1.  Update on budget requests from prior fiscal year. (for possible action)       

2.  Discuss and take public input regarding capital budget requests for upcoming fiscal year. (for possible action)         

3.TAB to consider recommendation for a change to Title 30.52.080.d.2 Improvement Requirements for a Minor Subdivision. (for possible action)

 

A request from the traffic committee for the TAB to make a recommendation on a RNP-1 exception to the following:  30.52.080.d.2 Improvement Requirements for a Minor Subdivision.

Changed to read:
Within 660 feet of existing full off-site improvements, in any direction from the parcel map, provided the parcel map has a street frontage of a nominal 300 feet, which shall include frontage on private streets. Except within or abutting the RNP-1 overlay.

              Continue to the next meeting. No action.

 

PUBLIC COMMENTS

 

1.A traffic hazard exists at the intersection of Jones and Windmill.  Request that public safety look at the situation and see if traffic mitigation devices can be installed.  Overgrown landscaping is also a problem.

                                                                                                                             

2.Request for an update on the status of improvement of Rainbow south of Blue Diamond to Starr. 

 

3.Zoning items H-1 and H-2 on this agenda have been on the agenda several times and held several times. Now held to the August 28 TAB meeting.  A new developer has taken over the application with a new plan.  It is not fair to the concerned neighbors who have attended prior meetings and have expected to have the application publicly vetted by now.  The suggestion was made that the applicant conduct a neighborhood meeting prior to the TAB hearing and an indefinite hold until the new plans are ready.

 

NEXT MEETING DATE:  August 28, 2013, 6:00 pm

ADJOURNMENT: 

 

The statements, opinions and observations expressed in this document are solely those of the author.  The opinions stated in this document are not the official position of any government board, organization or group.  The project descriptions, ordinances board/commission results are reproduced from publicly available Clark County Records. This document may be freely distributed and reproduced as long as the author’s content is not altered.  Additional comments maybe added.  Additional comments must be clearly attributed to the author of those comments and published or reproduced with the document.  The additional comments author’s affiliation with any government board, organization or group must be clearly identified.  This attribution statement must accompany any distribution of this document.

David D. Chestnut, Sr.